Notice of Realty Action: Modified Competitive Sale of Public Lands in Polk County, Oregon (OR 68032), 60862-60863 [2014-24066]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Notices]
[Pages 60862-60863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24066]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLORS00300;L63100000.EU0000.14XL;HAG-14-0142]


Notice of Realty Action: Modified Competitive Sale of Public 
Lands in Polk County, Oregon (OR 68032)

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) proposes to offer eight 
tracts of public land totaling 77.35 acres through modified competitive 
sale procedures to assure equitable distribution among purchasers of 
land and to recognize equitable considerations. The eight tracts of 
lands will be sold to the adjacent landowners for the appraised fair 
market and timber value of each parcel. The BLM is proposing to use the 
modified competitive sale procedures consistent with the requirements 
of Sections 203 and 209 of the Federal Land Policy and Management Act 
of 1976 (FLPMA), as amended, and the applicable regulations.

DATES: Submit comments on or before November 24, 2014. The lands will 
be offered for sale at public auction beginning at 10:00 a.m. on 
December 8, 2014, at the address in the ADDRESSES section. Sealed bids 
must be received by the BLM's Salem District Office prior to 10:00 a.m. 
on December 8, 2014. Sealed bids will be opened and a high bidder will 
be declared at the sale.

ADDRESSES: Mail and submit written comments and sealed-bids to BLM, 
Marys Peak Field Manager, Richard Hatfield, Salem District Office, 1717 
Fabry Road SE., Salem, OR 97306.

FOR FURTHER INFORMATION CONTACT: Phyllis E. Gregory, Realty Specialist, 
at the address above, or by telephone at 503-375-5623. Persons who use 
a Telecommunications Device for the Deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
listed individual during normal business hours. The FIRS is available 
24 hours a day, 7 days a week, to leave a message or question with the 
above listed individual. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION: The following described public lands in Polk 
County, Oregon, have been examined and found suitable for sale under 
Sections 203 and 209 of FLPMA. The tracts of public land for the 
proposed sale are identified as follows:

Willamette Meridian, Oregon

T. 6 S., R. 7 W.,
    Sec. 31, Tract 61;
T. 7 S., R. 7 W.,
    Sec. 6, Tract 38.

    The area described contains 40.21 acres. These two tracts of public 
land will be sold as one unit. The appraised fair market value of the 
land is $56,294, and the timber value is $66,591 totaling $122,885.00.

T. 6 S., R. 7 W.,
    Sec. 33, Tract 63.

    The area described contains 16.24 acres. The appraised fair market 
value of the land is $22,736 and the timber value is $18,130 totaling 
$40,866.00.

T. 6 S., R. 7 W.,
    Sec. 33, Tract 64.

    The area described contains 10.44 acres. The appraised fair market 
value of the land is 14,616 and the timber value is $5,654 totaling 
$20,270.00.

T. 6 S., R. 7 W.,
    Sec. 28, Tract 65.

    The area described contains 5.60 acres. The appraised fair market 
value of the land is $7,840 and the timber value is $5,654 totaling 
$13,494.00.

T. 6 S., R. 7 W.,
    Sec. 21, Tract 66.

    The area described contains 2.38 acres. The appraised fair market 
value of the land is $3,332 and the timber value is $2,087 totaling 
$5,419.00.

T. 6 S., R. 7 W.,
    Sec. 21, Tract 67.

    The area described contains 1.19 acres. The appraised fair market 
value of the land is $1,666 and the timber value is $14,784 totaling 
$16,450.00.

T. 6 S., R. 7 W.,
    Sec. 16, Tract 68.

    The area described contains 1.29 acres. The appraised fair market 
value of the land is $1,806 and the timber value is $810 totaling 
$2,616.00.
    The overall property value of the land and the timber is $222,000.
    These tracts of public lands meet the disposal criteria consistent 
with Section 203 of FLPMA and are in conformance with the BLM, Salem 
District Office, Resource Management Plan and Record of Decision 
approved May 1995.
    These tracts of public lands were created by a survey error made in 
the mid-1800s, which mislaid the southeastern corner of the 
Confederated Tribes of the Grand Ronde Reservation inside the original 
and correct corner. The Grand Ronde Reservation Act of April 28, 1904 
was passed to sell the unalloted lands within the Tribe's Reservation. 
These unalloted lands were sold along the incorrect boundary, leaving a 
small strip of land running west and north from the incorrect corner 
that was not purchased and eventually came under the BLM's 
administration. In the 1990s, this error was discovered and the lands 
were re-surveyed. This strip became known as the ``Thompson Strip''. 
Because of the survey error, several private companies innocently 
believed they were the owners of record. This resulted in the 
unauthorized cutting and removal of forest products from these tracts 
of public lands. These public lands are difficult to access, manage, 
and are surrounded by private lands.
    The proposed tracts of land will be offered for sale at public 
auction using modified competitive bidding procedures authorized under 
43 CFR 2711.3-2. Public lands offered for sale utilizing modified 
competitive sale bidding procedures when the authorized officer 
determines it is necessary in order to assure equitable distribution of 
land among purchasers. Bidding for these tracts will be restricted to 
the following adjacent landowners: Nestucca Forests, LLC; Hampton 
Resources, Inc.; and Little John Resources, LLC.
    The lands will be offered for sale at public auction beginning at 
10:00 a.m. on December 8, 2014, at the address in the ADDRESSES 
section. Sale will be by sealed bid only. All sealed bids must be 
received by the BLM's Salem District Office prior to 10:00 a.m. on 
December 8, 2014. Bid envelopes must be marked on the lower left front 
corner, ``Sale OR 68032''. Bids for individual tracts must be for not 
less than the appraised fair market and timber value specified in this 
notice. Sealed bids must include an amount not less than 10 percent of 
the total amount bid and shall be by certified check, postal money 
order, bank draft, or cashier's check made payable to the ``Department 
of the Interior-Bureau of Land Management.'' The BLM will not accept 
personal or company checks.
    Under modified competitive sale procedures, the sealed bids will be 
opened and a high bidder will be declared at the sale. Notification by 
mail will be provided to the high bidder and the other designated 
bidders. In the case

[[Page 60863]]

of a tie of bids submitted by interested designated bidders, the tied 
interested designated bidders will be given an opportunity to submit a 
written agreement as to the division of land, or an additional sealed 
bid, meeting the above-stated requirements, within 30 days of written 
notification of eligibility. The successful bidder will be given 180 
days from the date of the sale to submit the remainder of the full 
purchase price.
    If any of the subject tracts are not sold on December 8, 2014, the 
tract will be re-offered on a continuing basis in accordance with the 
competitive sale procedures described in 43 CFR 2711.3-1. Sealed bids 
prepared and submitted in the manner described above will be accepted 
from any qualified bidder. Bids will be opened at 10:00 a.m., on the 
7th day of each month thereafter, for 60 days, until a high bidder is 
declared.
    Federal law requires that public land may be sold only to either 
(1) citizens of the United States, 18 years of age or over; (2) 
corporations subject to the laws of any State or of the United States; 
(3) a State, State instrumentality or political subdivision authorized 
to hold property; (4) an entity legally capable of conveying and 
holding lands or interests therein under the laws of the State within 
which the lands to be conveyed are located. Certifications and evidence 
to this effect will be required of the purchaser prior to issuance of a 
patent.
    The following rights, reservations, and conditions will be included 
in the patent conveying the land:
    1. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (26 
Stat. 291; 43 U.S.C. 945).
    2. The tracts are subject to all valid existing rights and 
reservations of record.
    3. An appropriate indemnification clause protecting the United 
States from claims arising out of the lessees/patentee's use, 
occupancy, or occupations on the leased/patented lands.
Pursuant to the requirements established by Section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9620 (h) (CERCLA), as amended, notice is hereby given that 
the lands have been examined and no evidence was found to indicate that 
any hazardous substances have been stored for 1 year or more, nor had 
any hazardous substances been disposed of or released on the subject 
property.
    No representation, warranty, or covenant of any kind, express or 
implied, is given or made by the United States as to access to or from 
any parcel of land, the title, whether or to what extent the land may 
be developed, its physical condition, present or potential uses, or any 
other circumstance or condition.
    All persons, other than the successful bidders, claiming to own 
unauthorized improvements on the land are allowed 60 days from the date 
of sale to remove the improvements.
    A successful bid for each tract will constitute an application for 
conveyance of the mineral estate in accordance with Section 209 of the 
FLPMA (43 U.S.C. 1719). Those mineral interests will be conveyed 
simultaneously with the sale of the land, and have been determined by 
BLM to have no known mineral value. At the closing, the purchaser will 
pay to the BLM a non-refundable fee of $50.00 in accordance with 43 CFR 
2720.1-2(c).
    On October 8, 2014, the above-described lands will be segregated 
from appropriation under the public land laws, including the mining 
laws, except from the sale provisions of FLPMA. Until completion of the 
sale, the BLM is no longer accepting land use applications affecting 
the identified public lands, except applications for the amendment of 
previously filed right-of-way applications or existing authorizations 
to increase the term of the grants in accordance with 43 CFR 2807.15 
and 2886.15. The segregative effect will terminate upon issuance of a 
patent, publication in the Federal Register of a termination of the 
segregation, or October 8, 2016, unless extended by the BLM State 
Director in accordance with 43 CFR 2711.1-2(d) prior to the termination 
date.
    Public Comments: On or before November 24, 2014, any person may 
submit written comments regarding the proposed sale to the address in 
the ADDRESSES section above. Comments received in electronic form such 
as email or facsimile will not be considered. Before including your 
address, phone number, email address, or other personal identifying 
information, you should be aware that your entire comment, including 
any personal identifying information may be made publicly available at 
any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Detailed information about this modified competitive land sale, 
including the appraisal, the Environmental Assessment, and the 
Decision, is available at the Salem District Office during business 
hours.
    Any comments regarding the proposed sale will be reviewed by the 
BLM Oregon State Director or other authorized official of the 
Department of the Interior, who may sustain, vacate, or modify this 
realty action in whole or in part.
    In the absence of timely filed objections, this realty action will 
become the final determination of the Department of the Interior.

    Authority: 43 U.S.C. 1713 and 1719; 43 CFR 2711.1-2(c).

Richard Hatfield,
Marys Peak Resource Area Field Manager.
[FR Doc. 2014-24066 Filed 10-7-14; 8:45 am]
BILLING CODE 4310-33-P